Rockhampton Regional Council v Dubois

In Rockhampton Regional Council v Dubois, the Council sought orders for the Respondent to be punished for ongoing contempt of court, related to an order made on 11 June 1999. The matter was heard in the Queensland Court of Appeal, which had to determine whether the Respondent was guilty of contempt of court and, if so, what penalty should be imposed.

The central legal issue was whether the Respondent's continued non-compliance with the 1999 order constituted contempt of court. The court had to consider the nature and seriousness of the contempt, the Respondent's conduct, and whether the contempt was wilful and persistent. The Respondent argued that his actions were not wilful and that the order was ambiguous, but the court found that the Respondent had deliberately disregarded the court's direction.

The Court of Appeal held that the Respondent was in contempt of court, as his actions were wilful and persistent in their disregard of the court's order. The court noted the seriousness of the contempt, as it had persisted for over fourteen years. The court sentenced the Respondent to imprisonment for three months, to be suspended after he had served one month. Additionally, a warrant for the arrest of the Respondent was issued but was to lie in the registry until 4pm on 7 April 2014 to allow him to deliver himself into custody. The Respondent was also ordered to pay the Council’s costs on an indemnity basis.